Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: MHCC010006192022
Presented on 16-12-2021
Registered on 19-01-2022
Decided on 12-01-2023
Duration Year Month Days
01 00 27
CNR No. MHCC010006192022
EXH.15
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
SUMMARY SUIT NO.37 OF 2022
CHANDRAKANT MANSUKHLAL BHAYANI
Age: 47 years, Occupation : Business,
Hindu, Indian Inhabitant, residing at
Flat No. 603, Samir “A” wing, Sushil Samir
Cooperative Housing Society Limited,
Atmaram Sawant Marg, Near Children
Academy School, Kandivali (East),
Mumbai 400 101. ..Plaintiff.
V/s.
APURVA KIRTIKUMAR MEHTA
Age: 50 years, Occupation : Business,
Hindu, Indian Inhabitant, carrying on his
business under the name and style of
M/S. RADIANT LOGISTICS having Address
at Office No. 1, 218/220, Kapurwala
Building, Samual Street, Masjid Bunder,
Near Bank of Baroda, Mumbai 400 003.
AND
B705, Pinewood, Vasant Garden, Mulund
(West), Mumbai 400 080. ....Defendant.
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Appearances:
Plaintiff in person.
None present for defendant.
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
Incharge Judge of C.R.No.15
DATED : 12th JANUARY, 2023
J U D G M E N T
(Exparte)
1. The present Summary Suit is filed by plaintiff for recovery
of sum of Rs.84,00,000/(Rupees Eighty Four Lacs only) alongwith
interest at the rate of 9% per annum from the date of filing of the suit
till its realization.
2. The facts in brief are as follows:
The plaintiff and defendant are known to each other. As
the defendant was in urgent need of friendly loan, he requested the
plaintiff to lend money. On the request of the defendant, plaintiff paid
Rs.35,50,000/ to the defendant through RTGS and the balance amount
was paid in cash at various point of time. The cash amount was
received by the defendant from time to time. The defendant agreed to
repay the said amount and therefore, issued a cheque dated 01.11.2021
for an amount of Rs.84,00,000/. The said cheque on presentation was
dishonoured. On 03.11.2021 the plaintiff issued legal notice to the
defendant. The defendant received the said notice but failed to repay
the amount. The plaintiff therefore, filed the present suit and prayed for
decree alongwith further interest at the rate of 9% per annum.
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3. The defendant was duly served but he failed to appear and
therefore, suit was proceeded Exparte against the defendant as per
order dated 08.10.2022.
4. The plaintiff in support of his contention filed Affidavit of
evidence vide Exh.11 and list of documents vide Exh.12. The plaintff
filed the copy of the cheque dated 01.01.2021, returned memo,
demand letter, returned envelope, copy of Bank passbook, copy DD
vide Article A to N. The defendant remained absent and failed to
challenge the oral and documentary evidence of plaintiff. It is the
contention of the plaintiff that he paid the amount to defendant at
various point of time and in order to discharge the liability the
defendant issued the cheque. The copy of the said cheque is filed on
record. The said cheque was dishonoured as per the return memo. The
presumption follows that a cheque was issued towards the discharge of
legal liability and therefore, it seems that the defendant issued the
cheque towards the discharge of his liability. The defendant remained
absent and also failed to challenge the evidence of the plaintff.
Therefore, the defendant appears to have admitted the claim of
plaintiff. The documents filed by the plaintiff proves that a loan was
given to the defendant and defendant issued cheque towards the
discharge of his obligation. The issuance of cheque shows that there
was written contract between plaintiff and defendant to which
defendant failed to fulfill the obligation and therefore, defendant is
liable to pay the amount to the plaintiff alongwith interest at the rate of
9% per annum from the date of filing suit till its actual realisation. I,
proceed to pass the following order:
ORDER
1. The Summary Suit No.37 of 2022 is decreed with costs.
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2. Defendant shall pay the amount of Rs.84,00,000/ (Rupees
Eighty Four Lacs Only) to the plaintiff along with further interest
at the rate of 9 percent per annum from the date of filing suit till
its actual realization.
3. Decree be drawn up accordingly.
4. Court fee if any be refunded as per rules to the plaintiff.
5. Judgment is dictated and pronounced in open court.
R and P be sent to Record Department.
( Smt. R. K. Kshirsagar )
I/C Judge, (C.R.No.15)
Dt.: 12012023 City Civil Court, Gr. MUMBAI
Direct typed on : 12012023
checked on : 12012023
Signed on : 12012023
( Smt. R. K. Kshirsagar )
I/C Judge, (C.R.No.15)
City Civil Court, Gr. MUMBAI
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Summary Suit 37 of 2022 .. J/5 .. Ex-parte Judgment
ERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
18.01.2023 at 11.35 a.m.
UPLOAD DATE AND TIME
(YATISH R. JAGDALE)
NAME OF TYPIST
Name of the Judge ( Smt. R. K. Kshirsagar )
I/C Judge, (C.R.No.15)
Date of pronouncement of
judgment/order
12.01.2023
Judgment/order signed by P.O. on 12.01.2023
Judgment/order uploaded on 18.01.2023
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